Kim v Kim [2012] NSWADT 27

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Kim v Kim [2012] NSWADT 27 Hearing dates: 5 December 2011 Decision date: 21 February 2012 Jurisdiction: Retail Leases Division Before: D Patten, Deputy President G Pinter, (Adviser) Decision: 1.Declaration that the lease registered AF 527342E is a retail shop lease within the Retail Leases Act 1994. 2.Order that Young Pil Kim, Kyung Suk Kim and and Paul Mercedes refund or procure the refund to Kwang Sun Kim of the bond of $46,800 paid under the said lease. 3. Order that Young Pil Kim, Kyung Suk Kim and Paul Mercedes Kim pay to Kwang Sun Kim the sum of $15,000 damages for wrongful repudiation of the said lease. 4. Order that Kwang Sun Kim pay to Young Pil Kim, Kyung Suk Kim and Paul Mercedes Kim the sum of $7,500 damages for breach of the covenants in the lease. 5. Either party has liberty to make submissions as to costs by filing such submissions with the Registry and serving a copy upon the other party within 21 days. The party served may reply within a further period of 21 days. Thereafter the matter to be decided on the papers. 6.Subject to order 5, no order as to costs. Catchwords: Lease - failure to give notice under s 129 Conveyancing Act - wrongful repudiation - damages Legislation Cited: Retail Leases Act 1994 Liquor Act 2007 Conveyancing Act 1919 Cases Cited: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Services [2010] NSWCA 268 Johnson v Jones (1961) 78 WN861 Braidotti v Queensland City Properties Ltd (1990-1991) 172 CLR 293 Hyundai Heavy Industries Co Ltd v Papadopoulos [1980] 1WLR 1129 Category: Principal judgment Parties: Matter 105200 Kwang Sun Kim (Applicant) Young Pil Kim (First Respondent) Kyung Suk Kim (Second Respondent) Paul Mercedes Kim (Third Respondent)